Newark, NJ- New Jersey Supreme Court justices recently decided a case that challenged the difference between a police stop and detention. In the case, State of New Jersey vs. Lurdes Rosario, which was decided on June 6, 2017; the New Jersey Supreme Court was asked to make clear when an officer’s field inquiry transitions into an investigative detention in criminal cases. The distinction is important because the individual subjected to a field inquiry should feel free to leave whereas someone subject to detention should be informed of their Miranda rights.
NJ Supreme Court Narrows Double Jeopardy Rules
Newark, NJ-In a recent ruling, the New Jersey Supreme Court narrowed the state’s double jeopardy rules, making it harder to prove in criminal cases in which a defendant is facing multiple charges for related offenses. The ruling in State vs. Rodney J. Miles, which was decided on May 16, 2017, will now bring New Jersey’s double jeopardy rules more in line with federal law.
Courts Confused About Marijuana DWI Standards
Elizabeth, NJ- Legalization of marijuana for medical and recreational use is spreading across the U.S. Eight states, and Washington D.C. have already legalized marijuana for recreational use, and 28 states including New Jersey allow medical marijuana sales. Even as marijuana legalization is growing; there is still confusion about when a pot user is too high to be driving and when they should be charged with DWI.
Essex County Police Receive Grant for Body Cameras
Newark, NJ- A federal grant awarded to the New Jersey State Attorney General’s office will be distributed to several municipalities to purchase body cameras for law enforcement officers. Three towns in Essex County will receive the funds to support dozens of cameras.
Change in California Law Can Result in A Felony for Prosecutors Who Withhold Evidence
Newark, NJ- If you are facing criminal charges in New Jersey or anywhere, the outcome of your case depends on the body of evidence both the prosecution and the defense plan to share with one another, and present to the court. But sometimes evidence that is critical to the accused’s defense is withheld by the prosecution and an individual’s rights are violated. Recently, lawmakers in California passed a new law making it a felony for prosecutors to withhold evidence.
NJ Supreme Court Clarifies Discovery Rules for Juvenile Waivers
Newark, NJ- When a minor in New Jersey is charged with a criminal offense, most of the time their cases will be resolved in the Family Part of the state court system. Sometimes, when a crime is serious, the state can request a juvenile’s case be moved to adult court, but there are no formal rules about what evidence the state should disclose to defendants and defense counsel when it issues a juvenile waiver.